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DAW INDUSTRIES, INC. v. UNITED STATES

Appeal No. 83-833.

714 F.2d 1140 (1983)

DAW INDUSTRIES, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

August 9, 1983.

Attorney(s) appearing for the Case

Wesley K. Caine, Washington, D.C., argued for appellant. With him on brief was Donald L.E. Ritger, Washington, D.C.

Barbara M. Epstein, New York City, argued for appellee. With her on brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, New York City, Atty. in Charge, Trade Field Office.

Before BALDWIN, MILLER, and SMITH, Circuit Judges.

EDWARD S. SMITH, Circuit Judge.

Appellant Daw Industries (Daw) appeals the decision of the Court of International Trade (C.I.T.)1 which upheld the classification of the imported merchandise as women's wearing apparel, Items 382.78 and 382.58, T.S.U.S.,2 instead of prosthetic articles, Item 709.57, T.S.U.S. We reverse.

I.

The imported merchandise consists of two items — a nylon sheath...

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